Published tribunal order
Tenancy Tribunal case 5047508 — Rent arrears at 569A Manchester Street, St Albans, Christchurch 8014
Decided 19 Dec 2024 · Published 19 Dec 2024 · Application 5047508
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Nyomi Roberta Caroly Coleman owes Kāinga Ora–Homes and Communities $3,768.44 (“the debt”) being rent arrears to 23 December 2024.
- Nyomi Roberta Caroly Coleman must pay rent and the debt as follows: a. By 376 weekly payments of $169.00, being $159.00 for rent and $10.00 for the debt. b. A final payment of $167.44, being $159.00 for rent and $8.44 for the debt. c. Payments will be every Tuesday, with the first payment on 24 December 2024 and continuing until 9 March 2032.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 569A Manchester Street, St Albans, Christchurch 8014 will terminate, and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted by telephone. Both parties attended.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The parties agreed on the amount of the arrears and agreed on the terms of a condition termination order. I have therefore made an order in the agreed terms.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.